- 1 - HC-KAR CNR: KAHC010420712025 NC: 2026:KHC:47795 WP No. 19313 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 19313 OF 2025 (GM-DRT) BETWEEN: 1. SRI. BHASKAR H.M., S/O. SRI. MANCHE GOWDA, AGED ABOUT 34 YEARS, 2. SMT. ASHWINI T.B., W/O. SRI. BHASKAR H.M., AGED ABOUT 28 YEARS, BOTH RESIDING AT NO.2254, 1ST CROSS, HOSAHALLI RAMAMANDIRA ROAD, MANDYA-571 401. …PETITIONERS (BY SRI. N.AJITH, ADVOCATE FOR SRI. SUBRAMANYA S. UPASANA, ADVOCATE) AND: 1. THE RESERVE BANK OF INDIA HAVING ITS HEAD OFFICE AT THE CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH ROAD, MUMBAI-400 001. REPRESENTED BY ITS GOVERNOR. ALSO AT NO. 10/3/8, NRUPATHUNGA ROAD, OPP. ST., NUNEGUNDLAPALLI, AMBEDKAR VEEDHI, BENGALURU-560001. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010420712025 NC: 2026:KHC:47795 WP No. 19313 of 2025 2. M/S. TATA CAPITAL HOUSING FINANCE LTD., A HOUSING FINANCE COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND REGISTERED WITH THE RESERVE BANK OF INDIA, HAVING ITS REGISTERED OFFICE AT SANDESH ARCADE, GROUND FLOOR, NO. 74, 17TH MAIN, SAHUKAR CHENNAIAH ROAD, KUVEMPU NAGAR, SARASWATHIPURAM, MYSORE-570 009. REPRESENTED BY ITS MANAGER ALSO HAVING ITS OFFICE AT 'KRISHNA TOWERS', 82/1, GROUND FLOOR, RICHMOND ROAD, BENGALURU-560 025. 3. MANDYA CITY MUNICIPAL COUNCIL, NEAR MAHAVEERA CIRCLE, MANDYA DISTRICT, MANDYA-571401. REPRESENTED BY ITS PRESIDENT …RESPONDENTS (BY SRI. R.RAVISHANKAR, ADVOCATE FOR R2; SRI. G.M.ANAND, ADVOCATE FOR R3; VIDE COURT ORDER DATED 01.08.2025, MRS. K.KUSHBOO ACCEPT NOTICE TO R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - HC-KAR CNR: KAHC010420712025 NC: 2026:KHC:47795 WP No. 19313 of 2025 ORAL ORDER Sri.N.Ajith., counsel on behalf of Sri.Subramanya S.Upasana., for the petitioners; Sri.R.Ravi Shankar., counsel for respondent No.2; and Sri.G.M.Anand., counsel for respondent No.3, appeared in person. 2. This petition is filed seeking the following reliefs: i. Issue a Writ of Certiorari quashing the order of the third respondent Changing Municipal Records with respect to Schedule Property in favor of the second respondent at Annexure-L. ii. Issue a Writ of Certiorari quashing the notice dated:20.06.2025 of the second respondent for collecting the surplus amount received through sale of the Secured Asset/ Schedule Property at Annexure-N. iii. Issue a Writ of Mandamus directing the second respondent to consider the representation dated 10.06.2025 of the petitioners at Annexure-G in accordance with law. Award costs; iv. Issue any other writ, pass any such order or directions that this Hon'ble Court deems fit, in the interest of justice and equity. - 4 - HC-KAR CNR: KAHC010420712025 NC: 2026:KHC:47795 WP No. 19313 of 2025 3. Counsel for the respective parties urged several contentions. The arguments were heard, and the papers were perused with care. 4. Considering the relief sought by the petitioner, the key issue is whether the case justifies exercising discretionary powers. 5. It is undisputed that the petitioners are the borrowers and that they defaulted on their loan repayment. The measures were taken under the SARFAESI Act by issuing a notice under Section 13(2). Subsequently, the sale notice was published in the newspaper on 23.04.2024. M/s. Tata Capital Housing Finance Ltd. filed a petition under Section 14 of the SARFAESI Act, which was approved by the Court in an order dated 26.09.2024. Following this, the Authorized Officer of M/s. Tata Capital Housing Finance Ltd. issued a possession notice on 12.12.2024. Subsequently, a notice announcing the sale of the property was published in the newspaper. - 5 - HC-KAR CNR: KAHC010420712025 NC: 2026:KHC:47795 WP No. 19313 of 2025 A notice for an e-auction was issued on 08.02.2025 to sell the property. The auction took place on 11.03.2025, and the sale certificate was issued on 21.05.2025. The petitioners submitted a representation on 10.06.2025. By then, the Housing Finance Company had already started proceedings, and the property had already been sold. The petitioners have not challenged any actions taken by M/s. Tata Capital Housing Finance Ltd. Therefore, the later act of altering the mutation regarding the property cannot be addressed in this writ petition. The petition lacks merit and is accordingly dismissed. The petitioners are free to seek redress from the appropriate forum if authorised by law. Because of the dismissal of the Writ Petition, any interim order stands discharged, and pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 47